News & Analysis as of August 17, 2025

Real Estate Transactions

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Foreclosure is a legal process whereby a lender seeks to force the sale of a mortgaged property in order to recover the balance of a delinquent loan. Recently, the foreclosure process has been the subject of greater legislative and judicial scrutiny after systemic abuses were uncovered during the widespread foreclosure crisis resulting from the Great Recession. less -

Court Clarifies Value of “Performance Deed of Trust” in Foreclosure

Patton Sullivan Brodehl LLP on 3/31/2025

The California Court of Appeal recently clarified how courts should value a Performance Deed of Trust (PDOT) in foreclosure, and affirmed that the performance obligations included in the deed of trust survive beyond...more

If You Purchase a House at an HOA Lien Foreclosure, Are You Entitled to Excess Sale Proceeds?

Snell & Wilmer on 11/13/2019

That pesky excess sale proceeds statute, A.R.S. § 33-727, is making waves again. We previously blogged about this statute... In the prior post, we explained that excess sale proceeds (i.e., a foreclosure sale price greater...more

Everyone Wins When a Foreclosure Sale Generates Excess Proceeds

Snell & Wilmer on 7/16/2018

When a foreclosure sale generates more money than needed to pay off the lien, the excess proceeds usually go first to creditors in the order of their priority, and second to the owner after creditors are paid in full. So, in...more

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Foreclosure › Homeowners Association (HOA) › Real Estate Transactions

Court Clarifies Value of “Performance Deed of Trust” in Foreclosure

If You Purchase a House at an HOA Lien Foreclosure, Are You Entitled to Excess Sale Proceeds?

Everyone Wins When a Foreclosure Sale Generates Excess Proceeds

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